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Joined: Dec 2013
Posts: 14,857 Likes: 15
Campfire Outfitter
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Campfire Outfitter
Joined: Dec 2013
Posts: 14,857 Likes: 15 |
The jury comes back with one of the lesser included offenses of manslaughter, criminally negligent homicide, or assault causing bodily injury.
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Joined: Apr 2001
Posts: 12,895
Campfire Outfitter
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Campfire Outfitter
Joined: Apr 2001
Posts: 12,895 |
Might be significant that when the Judge offered the jury Simple Assault as an option the Prosecution objected and had him overruled. Based on what I have read I hope the kid walks. I hope he walks too..I suspect he will carry the guilt around with him for a long long time and that in itself should be punishment enough here..
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Joined: Jan 2006
Posts: 69,544 Likes: 24
Campfire Kahuna
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Campfire Kahuna
Joined: Jan 2006
Posts: 69,544 Likes: 24 |
I haven't heard any evidence but on the surface I'd call it self defense. How much do you have to put up with before you're entitled to protect yourself?
βIn a time of deceit telling the truth is a revolutionary act.β β George Orwell
It's not over when you lose. It's over when you quit.
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Joined: Mar 2011
Posts: 6,412
Campfire Tracker
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Campfire Tracker
Joined: Mar 2011
Posts: 6,412 |
Establish the precedent that you'll react to such things early on and 90% of the problems go away. Birdwatcher [/quote]
Just like my Drill Sergeants.
Me solum relinquatis
Molon Labe
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Joined: Oct 2004
Posts: 50,170 Likes: 2
Campfire Kahuna
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Campfire Kahuna
Joined: Oct 2004
Posts: 50,170 Likes: 2 |
Kid probably shouldn't have hit him in the throat after he was unconscious. But, hey...he won't throw another pencil eraser at anybody.
The only thing worse than a liberal is a liberal that thinks they're a conservative.
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Joined: Feb 2001
Posts: 7,944
Campfire Outfitter
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Campfire Outfitter
Joined: Feb 2001
Posts: 7,944 |
Don't start no shidt, won't be no shidt.. Not guilty.
"The Bigger the Government, the Smaller the Citizen" - Dennis Prager LINK
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Joined: Jul 2006
Posts: 62,043
Campfire Kahuna
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Campfire Kahuna
Joined: Jul 2006
Posts: 62,043 |
Was a temp insanity proffer offered up as an affirmative defense?
Did any lesser offenses underneath MS get to the jury?
Does Texas permit the jury to pronounce probation as punishment or is there a mandatory minimum for MS?
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. William Arthur Ward
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Joined: Oct 2004
Posts: 50,170 Likes: 2
Campfire Kahuna
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Campfire Kahuna
Joined: Oct 2004
Posts: 50,170 Likes: 2 |
The only thing worse than a liberal is a liberal that thinks they're a conservative.
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Joined: Sep 2007
Posts: 26,524
Campfire Ranger
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Campfire Ranger
Joined: Sep 2007
Posts: 26,524 |
Kid probably shouldn't have hit him in the throat after he was unconscious. But, hey...he won't throw another pencil eraser at anybody. OK, so that's the 1st I seen of that one. I can understand fighting back, but once their down, the lesson is over.
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Joined: Jul 2006
Posts: 62,043
Campfire Kahuna
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Campfire Kahuna
Joined: Jul 2006
Posts: 62,043 |
Thanks for the education.
If the jury buys the asserted defenses, lesser included is my guess. I'm thinking Judge could give probation if the jury is not permitted to preside over a sentencing phase, if found guilty.
The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails. William Arthur Ward
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Joined: Apr 2010
Posts: 20,683
Campfire Ranger
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Campfire Ranger
Joined: Apr 2010
Posts: 20,683 |
wow what a tragedy
hate it for all involved
chit happens, sometimes nasty chit
too bad it doesn't have a happy ending that the bully just got the crap knocked out of him and maybe fired off a few brain cells about messing with even a lil bull, or teasing a dog on a chain
not enough info to make an informed decision for me, but based on what little I've read here I'd say I'm more inclined to believe the kid actually has remorse and wish it hadn't ended this way.
sucks all around for everyone, reminds me of how lucky I am.
I'm pretty certain when we sing our anthem and mention the land of the free, the original intent didn't mean cell phones, food stamps and birth control.
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Joined: Dec 2002
Posts: 15,885
Campfire Ranger
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Campfire Ranger
Joined: Dec 2002
Posts: 15,885 |
Two issues. A) Being a bully doesn't rate a death sentence.
B) The kid waited for the bully. It wasn't "in the heat of battle".
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Joined: Sep 2007
Posts: 26,524
Campfire Ranger
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Campfire Ranger
Joined: Sep 2007
Posts: 26,524 |
The bully did rate a beat down.
Did not rate a hit once he was unconscious if that was the case.
A generic fight between 15 year olds is one thing, up to and including waiting outside the door for the kid to come out of a classroom, without a "heat of battle" label being placed on it.
But if he knocked him out, then punched him while he was down, in the throat, he loses my sympathy quick.
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Joined: Jul 2011
Posts: 6,190 Likes: 2
Campfire Tracker
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Campfire Tracker
Joined: Jul 2011
Posts: 6,190 Likes: 2 |
Kid probably shouldn't have hit him in the throat after he was unconscious. But, hey...he won't throw another pencil eraser at anybody. OK, so that's the 1st I seen of that one. I can understand fighting back, but once their down, the lesson is over. Kids watch too much MMA and even have a name for hitting someone when they're down. It's called ground striking.
Fight fire, save lives, laugh in the face of danger.
Stupid always finds a way.
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Joined: Jun 2004
Posts: 44,924 Likes: 17
Campfire 'Bwana
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Campfire 'Bwana
Joined: Jun 2004
Posts: 44,924 Likes: 17 |
Two issues. A) Being a bully doesn't rate a death sentence.
B) The kid waited for the bully. It wasn't "in the heat of battle". A) Maybe not per se. But it should be in the back of a bully's mind that things can indeed get sideways. B) Bullies can still bully in "fair" settings. The sumbitches ought to fear being ambushed. Phuuk with someone and get cracked good when you don't see it coming. Payback is a bitch.
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Joined: Sep 2007
Posts: 26,524
Campfire Ranger
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Campfire Ranger
Joined: Sep 2007
Posts: 26,524 |
Maybe. The guy that's not dead always has a better line of communication with the media. I should have known when I read you're cynicism that there was more to the story than what I had.
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Joined: Jun 2004
Posts: 44,924 Likes: 17
Campfire 'Bwana
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Campfire 'Bwana
Joined: Jun 2004
Posts: 44,924 Likes: 17 |
Kid probably shouldn't have hit him in the throat after he was unconscious. But, hey...he won't throw another pencil eraser at anybody. OK, so that's the 1st I seen of that one. I can understand fighting back, but once their down, the lesson is over. Kids watch too much MMA and even have a name for hitting someone when they're down. It's called ground striking. Down and "down and out" are different. If you've put your hands on me and I get you down (not yet out) do you think I should let up?
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Joined: Jun 2005
Posts: 13,235
Campfire Outfitter
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Campfire Outfitter
Joined: Jun 2005
Posts: 13,235 |
From the teacher's handbook:
In any dispute between two children, you don't look to identify which child was the aggressor.
You look at which child is the more privileged and had the greater number of advantages starting out in life.
Upon that analysis, you assign the roles of oppressor and oppressed.
It's quite obvious you know next to nothing about how most schools work. IOW you're probably a board member or administrator. You have got to be about the most humorless man on this forum. Birdie thought it was funny and he's a school teacher.
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Joined: Jan 2006
Posts: 19,828 Likes: 2
Campfire Ranger
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Campfire Ranger
Joined: Jan 2006
Posts: 19,828 Likes: 2 |
Kids don't fight enough these days to know Marquis of Queensbury rules...or any other rules for that matter. I agree that that crap on TV has a deleterious effect.
"Be sure you're right. Then go ahead." Fess Parker as Davy Crockett
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Joined: Jun 2004
Posts: 44,924 Likes: 17
Campfire 'Bwana
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Campfire 'Bwana
Joined: Jun 2004
Posts: 44,924 Likes: 17 |
So if some ass is causing problems, he should be dealt with M of Q?
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